K SRUTI Vs. P R RAJESWARI

JUDGEMENT

(1.) These two writ petitions under Article 226 of the Constitution of India are filed for issuance of writ of certiorari to quash the order of the Special Court under A.P. Land Grabbing (Prohibition) Act, 1982 at Hyderabad (for short "the Special Court") taking cognizance of the case under Section 8(1) of the A.P. Land Grabbing (Prohibition) Act, 1982 (for short "the Land Grabbing Act") and also determining of criminal liability in LGC No. 28/ 2009 dated 23.6.2009 and consequential proceedings dated 9.12.2009 passed in CC No. 1/2009 by the Special Court taking cognizance of the offence under Sections 3 and 4 of the Land Grabbing Act and Sections 420, 447 IPC against the Petitioners herein respectively.

(2.) The brief facts, which give rise to filing of these writ petitions, are as under:

(3.) On filing the above LGC, the Special Court called for a report from the Tahsildar, Patancheru Mandal, Medak District. On Tahsildar submitting his report dated 11.6.2009, the Special Court by the impugned orders dated 23.6.2009 took cognizance of the case under Section 8(1) of the Land Grabbing Act opining that initiation of criminal proceedings cannot be deferred till decision is given in civil proceedings and criminal liability should also be determined simultaneously in respect of the writ Petitioner and the third Respondent. The Special Court by the impugned order while issuing notice to the Respondents therein i.e., the writ Petitioner, third Respondent and another called for objections by 27.7.2009. The Special Court also directed the office to place the papers before the Chairman for entrustment of criminal trial against the writ Petitioner and the third Respondent.